Deck 13: Employment Law

Question 1

During John's interview for a job as a construction worker, he was asked if he had any previous convictions. Not wanting to lie, John admitted that 20 years earlier when he was 19, he was convicted of assault and given a suspended sentence. Owing to his disclosure, John was not hired. In light of these facts, which of the following statements is TRUE?

A)By asking about and refusing to hire John owing to his previous criminal convictions, the employer likely acted contrary to Human Rights law.
B)The employer was within his rights to ask John about previous convictions as an employer always has the legal right to know the character of the people employed to him or her.
C)As John voluntarily answered the employer's question about his previous conviction, the employer did not act improperly.
D)By asking about and refusing to hire John owing to his previous criminal convictions, the employer did not act contrary to Human Rights law as the absence of a criminal record is a bona fide occupational requirement.
E)None of the above statements are true.

Answer 1

A

Question 2

Sami Baker is hired by an office as a clerk. She is put on probation for three months. Her employer is concerned that she is not "getting it", but he offers her permanent employment. He makes it clear to her, however, that her performance will have to improve. Sami's work is still poor, but her boss says nothing further to her until, about three months later. At that time she makes a particularly serious mistake so he fires her on the spot. Which of the following statements is TRUE?

A)Incompetence is cause for dismissal without notice.
B)It was a condition in Sami's employment contract that her performance improves and since it didn't, her boss was justified in firing her.
C)Sami was entitled to formal notice and an opportunity to improve her work.
D)Since the employer did nothing in response to Sami's incompetence, he approved of it
E)Both C and D

Answer 2

E

Question 3

Lenny Jones applied for employment with the Data Centre Corp. Upon completion of the interview process he was given a written contract of employment, but was not told that the Company had a manual which set out other terms and conditions regarding the employment of all employees. One year later, Lenny was terminated for returning from vacation and reporting back to work one day late. As justification for his termination, the managing director referred him to the manual that provided that unauthorized absences from work was cause for immediate dismissal. Which of the following statements best describes the legal position?

A)Lenny's employment was properly terminated in accordance with the employment manual as its contents are implied terms of the contract
B)Lenny's employment was not properly terminated as it was not reasonable for the employer to terminate him for returning to work only one day late.
C)As Lenny was not made aware of the employment manual at the time he was hired, its contents are not a part of the employment contract.
D)Lenny's employment was properly terminated in accordance with the employment manual as he should have been aware of the contents of the employment manual and act in accordance with what it stated.
E)Lenny's employment was properly terminated as the employer can set whatever standards it wishes its employees to abide by.

Answer 3

C

Question 4

Questions concerning trade union membership are prohibited during the job hiring process by which legislation?

A)Charter of Rights and Freedoms
B)Labour legislation
C)Provincial human rights legislation
D)Federal human rights legislation
E)Both B and D

Question 5

Which of the following statements most accurately describes the position that the courts adopt with respect to non-competition clauses in an employment contract?

A)Any restriction lasting for more than one year will automatically be deemed unreasonable.
B)They will only be enforceable if the employee at the time of agreeing to the provision had had independent legal advice.
C)They will be enforced if they are reasonable limitations
D)They are strictly unenforceable on grounds of public policy.
E)They are enforceable if it is just a restriction based on a certain distance away from the previous employer's business

Question 6

Which of the following can an employer NOT ask on an employment application form?

A)Age
B)Race
C)Marital status
D)Both A and C
E)All of the above

Question 7

Which of the following types of clauses in an employment contract are the courts more likely to rule are unenforceable?

A)Restrictive covenant
B)Non-solicitation
C)Confidentiality
D)Retraining expenses
E)Pay for overtime work

Question 8

Which of the following is traditionally found in a written contract of employment?

A)a standard period of probation
B)details about vacation and sick leave allowances
C)the manner in which the contract of employment can be terminated
D)description of job duties
E)All of the above

Question 9

Jenny Fine hired Samantha to work along with her in her clothing store for six months. The written contract which Samantha signed stated that Samantha was an independent contractor. Three months after Samantha started working with Jenny their relationship deteriorated and Samantha insisted that that she was in fact an employee and entitled to all the benefits that law gives to employees. Jenny disagreed and said the contract clearly stated that she was an independent contractor. If Samantha sues Jenny with her respect to her employment status and entitlements, which of the following statements will best describe the legal position?

A)The court must respect the classification placed by the parties on their relationship as they have freedom of contract.
B)The court will conclude that Samantha is an independent contractor as she did not insist on any employment benefits at the start of the employment.
C)The label placed by the parties on their relationship will not be definitive and the court will use various legal tests to ascertain the true position.
D)The entire contact will be set aside where it is established that it is unfair to Samantha.
E)Since Jenny owned the store and Samantha must be an employee.

Question 10

Bob Blakemore is a pilot for Northern Airways. He's been working for the company for 15 years and has an excellent record. The company discovers that Bob has for some time now been charging for meals and hotel expenses on layovers in Whitehorse, even though he stays with his sister for free when he's there. This is contrary to company policy. The amount involved is not large in relation either to Bob's salary or to his allowable expenses. Nevertheless, Northern is very strict about such matters, and it summarily dismisses Bob. Which of the following statements is TRUE?

A)Bob's conduct constitutes dishonesty and is therefore just cause for dismissal.
B)Dishonesty is an exception to the rule that an employee should be given an opportunity to change their behaviour.
C)Misconduct gives just cause for dismissal if it completely destroys the relationship of trust that must exist between employer and employee.
D)Dishonesty no longer automatically gives just cause for dismissal
E)Both C and D

Question 11

Which of the following factors will a court look at in deciding whether a person is an employee or an independent contractor?

A)The degree of control exercised over the person by the employer.
B)Whether the person uses his own tools on the job.
C)Whether the person bears the risk of a profit or loss from his work.
D)Both A and B
E)All of the above

Question 12

Which of the following would amount to just cause for firing an employee?

A)The employee got drunk at a local bar one evening after work during happy hour but got home safely without any trouble
B)A caregiver employed to a children's daycare centre has been recently convicted of an act of sexual assault committed on an adult five years earlier.
C)An employee's ex-wife is taking him to court for not paying his spousal support payments
D)All of the above
E)None of the above

Question 13

An employment contract for an indefinite term is one that

A)provides for a variable rather than a fixed salary
B)provides for a variable rather than a fixed commission schedule
C)can be terminated by the employer by giving reasonable notice
D)cannot be terminated for just cause
E)automatically expires

Question 14

Ruth Cohen is an Orthodox Jew. She works as a cashier at a grocery store that is open seven days a week. She is asked to work Friday nights because that is an unpopular shift, and she has the least seniority. She refuses, because Jewish Sabbath begins on Friday night and her religion prohibits her from working on the Sabbath. Her employer reluctantly fires her. Which of the following statements is TRUE?

A)The firing was contrary to human rights law because it was the result of discrimination based on religion.
B)The employer has a duty to avoid discrimination practices, short of causing its business undue hardship.
C)The employer could probably have accommodated Ruth by allowing her to work another time instead of Friday nights, such as Saturday nights.
D)The store may be ordered to re-hire Ruth
E)All of the above

Question 15

Harry Kunz applied for a job as a data entry clerk with the Clark Foundation. The job ad stated the minim requirements as being a bachelor's degree. Harry, who only possessed a high school diploma, lied on his resume by stating that he had received a Bachelor's Degree from the University of British Columbia. Harry got the job and performed extremely well. Two years after he was hired, his supervisor discovered that Harry had lied about his qualifications and he was immediately fired. Harry wishes to take legal action against his employer for wrongful termination. Which of the following is TRUE?

A)Harry will likely be successful in recovering damages for wrongful termination of his employment as he was an excellent employee irrespective of his true educational qualifications.
B)Harry did not make a material misrepresentation as his job performance illustrated clearly that a Bachelor's degree was not a true prerequisite of the post.
C)Harry's employer can no longer rely on his having lied about his qualifications as grounds for his dismissal as too much time has passed.
D)The employer was justified in terminating Harry's employment as Harry had made a material misrepresentation.
E)Harry's dismissal was justified as he lied and any lie told by an employee to his employer is always grounds for immediate termination.

Question 16

For an employee manual to be considered part of the employment contract, the employee must be told about it at what time?

A)At the time of hiring
B)Immediately after being hired
C)At any time during the course of employment
D)Either A or B
E)The employee manual cannot be part of the employment contract

Question 17

On her Facebook page Mary wrote, "I work for incompetent idiots!" Her employer learned of her comment and fired her on that basis. Which of the following statements is TRUE?

A)As this was done on her own time and not at work, her firing is not justified.
B)Mary has the defense of freedom of speech under the Charter.
C)The firing is justified in law because of a breakdown in the employment relationship.
D)The employer is losing money so Mary cannot be fired for her statements may be true
E)both B and D

Question 18

The employer's duty to accommodate is the duty to:

A)modify working conditions to avoid discrimination under human rights acts
B)hire a quota of employees from disadvantaged groups
C)provide daycare facilities for all employees with families
D)bargain in good faith with labor unions
E)schedule work to fit the workers' best interests

Question 19

Which of the following statements is TRUE?

A)An employee manual will always be part of an oral employment agreement.
B)A written employment agreement must be for a set term.
C)An employment agreement can be written or oral.
D)Oral employment contracts cannot be automatically renewed.
E)Both B and D

Question 20

Which of the following is NOT a relevant consideration in determining whether a person performing services for another in an employment relationship is an employee or an independent contractor?

A)Whether the individual has the potential to make a profit or a loss from the employment relationship
B)The extent to which the individual is controlled by the employer in the performance of the agreed duties
C)The amount of money being paid for the performance of the task.
D)The fact that the parties call the relationship independent contractor
E)All of the above are relevant considerations.

Question 21

Joey Jobs has worked as a packer at Acme Corrugated Papers for just over 3 years. He's 22 years old, and this is his first full-time job. He is dismissed without cause. What amount of statutory notice is Joey most likely entitled to?

A)One week
B)Three weeks
C)Six weeks
D)Three months
E)Four months

Question 22

Which of the following does not belong when considering how much notice an employee should receive when terminated?

A)Nature of employment
B)Length of service with the employer
C)Employee's age
D)Availability of similar employment opportunities
E)All belong

Question 23

Shana works for a large donut company chain. To which type of notice or pay in lieu of notice does she have the option to claim if fired?

A)termination under employment standards legislation
B)severance under employment standards legislation
C)notice under the common law
D)A and C
E)All of the above

Question 24

John Chilton was fired by his employer after five years of a reduction in staff. He was given severance pay of 8 weeks, as required by the provincial Employment Standards Act. He got a part-time job for three weeks immediately after being fired and has since collected employment insurance. Which of the following is NOT true?

A)Chilton is clearly not entitled to any further amount.
B)Chilton is entitled to an amount equivalent to the period established by reasonable notice.
C)The amount collected in employment insurance must be deducted from the reasonable notice calculation.
D)The amount made in part-time employment must be deducted from the reasonable notice calculation.
E)Chilton had a duty to mitigate his damages.

Question 25

The owner of Khan Chemicals sees employee John steal $10 from a company cash register. John has never been in trouble at work before. The employer

A)can fire John without payment because stealing is a fundamental breach of the employment relationship
B)cannot fire him but must use progressive discipline
C)can fire him and will be able to pay a lesser amount of common-law notice because of the stealing
D)can fire him and will only have to pay compensation based on statutory notice because of the stealing
E)both C and D

Question 26

Joan Singh is an employee in an insurance office. There is only one other female employee there, Rose Chin, and Rose is being sexually harassed by a male employee. Also, some of the other employees make offensive remarks in Rose's presence about Chinese people. Joan herself is not the victim of either these behaviours, perhaps because she is a very assertive woman. Rose, on the other hand, is afraid of making waves and does not complain. Joan goes to the boss and tells him that unless the men in the office change their ways, she is going to go to the Human Rights Commission on Rose's behalf. The boss doesn't want trouble, so he fires Joan. Did Joan's conduct give just cause for her dismissal?

A)Yes. Joan was a busy body and had no right to interfere
B)Yes. Joan's threat was injurious to employee morale
C)Yes. In the absence of a complaint by Rose herself, it would have been improper for the boss to discipline the other employees, and it was insubordination of Joan to demand it.
D)No, Joan is a whistleblower
E)Both A and C

Question 27

Which of the following is NOT a factor that may lead to the amount of damages that an employee may be awarded for wrongful dismissal being increased?

A)That the employee had been induced by the employer to come from another province or country to take up the employment
B)That the employee has been a long standing employee of another company but had been induced by the employer to leave the previous employment
C)That the employee, to the employer's knowledge had a significant amount of debts to pay.
D)That at the time of the dismissal, the employee had a medical condition which made it difficult for him to find alternate employment.
E)That the circumstances in which the employee was terminated were unduly harsh and embarrassing

Question 28

Which of the following would NOT be a ground for a just cause dismissal?

A)insubordination
B)incompetence
C)redundancy of the position
D)conflict of interest
E)frequent lateness

Question 29

An employee may have grounds for a wrongful dismissal lawsuit when:

A)Her employer claims just cause but the employee disputes the grounds
B)The employer gives some pay in lieu of notice but the employee feels that it is inadequate
C)The employee is offered a lower position because of business loss
D)A and B
E)All of the above

Question 30

Howard Heyman is the successful and well-respected manager of the Vancouver Ballet Company. After seven years' service, he is dismissed because the Board of Directors can no longer stand his prickly, arrogant personality and behaviour. The Board issues a press release saying that Howard was fired because of complaints of sexual harassment by young male members of the company. Howard is stung by these accusations, and goes into a serious depression which lasts nearly a year. Howard brings an action for wrongful dismissal, which VBC vigorously defends. It is not until the third day of trial that the defendants admit that the dismissal was without cause. What damages would Howard likely be awarded?

A)common law notice
B)damages for mental suffering
C)punitive damages
D)Both A and B
E)All of the above

Question 31

When an employee has been fired without just cause, on what basis will a court award damages?

A)One month per year of service.
B)Reasonable notice
C)For junior employees, the notice period set out in provincial employment law
D)for senior employees, the common law standard.
E)One week per year of service

Question 32

Which of the following is just cause for dismissal?

A)A personality conflict with a fellow employee
B)A personality conflict with a boss
C)Reduction of staff because of financial loss
D)Both B and C
E)None of the above

Question 33

Anna works for a company that has five employees. To which type of notice or pay in lieu of notice does she have the option to claim if fired?

A)termination under employment standards legislation
B)severance under employment standards legislation
C)notice under the common law
D)A and C
E)All of the above

Question 34

Which of the following statements is TRUE?

A)Employers can never fire an employee who has a written contract
B)Employers can only fire an employee for just cause
C)Employers can fire employees for no reason but must pay compensation
D)Employers can fire an employee who has an oral contract without paying compensation
E)Employers must always use progressive discipline if an employee is acting in an inappropriate manner before they are fired

Question 35

An employee is dismissed without cause. He makes a settlement with his employer for six months' salary. During the following six months, he is unemployed and collects employment insurance. What should the employer have done at the time of settlement with respect to employee deductions?

A)Nothing - the employee is responsible for making remittances to the government.
B)Deducted an amount for employment insurance premiums and sent it to the Canada Employment Insurance Commission.
C)Deducted an amount for income tax and sent it to Canada Customs and Revenue
D)Deducted the amount of employment insurance payments which would be paid to the employee
E)Both B and C

Question 36

Kamsa Corporation reluctantly fires Nanda because of budget cuts. Nanda has a severe depressive reaction requiring him to take heavy medication. In a lawsuit for wrongful dismissal against the corporation, which type of damages is Nanda likely to be awarded?

A)mental suffering
B)aggravated damages
C)monetary damages based on the Bardal factors
D)punitive damages
E)A and C

Question 37

Salmagundi Co. decides to eliminate staff to increase its profits. There is no labour union in this workplace. The next day the president tells Patricia Ravel that she is fired and must leave immediately. Which of the following is TRUE?

A)The company cannot fire her just to increase profits.
B)The company cannot ask her to leave immediately but must let her stay to the end of the normal business day.
C)The company can fire her for the reason given but must pay her an amount based on reasonable notice period.
D)The company can fire her for the reason given but only pay an amount in lieu of notice based on a formula set out in the Employment Standards or Labour Act of the province.
E)The company can fire her but should come up with a different reason.

Question 38

In which of the following scenarios would it be deemed that an act of constructive dismissal has occurred?
A)Polly, the sole female employee of a company, quit her job after being subjected to daily harassment owing to her religion.

A)Vera quit her job as a result of her male colleagues consistently making sexually inappropriate remarks in the office.
B)Harry, an assistant Vice President for ten years with his company, was demoted to Line Supervisor during a company restructuring process.
C)All of the above
D)None of the above.

Question 39

Pascal was hired by KB Ltd. as a Marketing Manager. He supervised and coordinated the marketing department and reported to a Vice President. Two years after being hired, personality conflicts developed between Pascal and his new supervisor who eventually demoted Pascal to Junior Marketing Supervisor. Pascal was very unhappy but since there were few other jobs in his field, he accepted the new position for a few months. He has now left his employment with the company and wishes to claim damages for constructive dismissal. Which of the following statements best describes his legal position?

A)Because of his acceptance of the new position, Pascal cannot recover damages for wrongful dismissal.
E)Pascal cannot recover any damages as he voluntarily left his employment.
F)The employer's actions did not constitute wrongful dismissal as an employer is always free to reorganize its staff as it sees fit.
G)Pascal's demotion was an act of constructive dismissal for which he can recover damages. H)Pascal would be entitled to a minimum of 2 years wages for wrongful dismissal

Question 40

Which of the following is just cause for dismissal?

A)sexual harassment of a fellow employee
B)incompetence
C)moonlighting in the same line of work
D)both A and B
E)all of the above

Question 41

Jose Lopez was a senior vice president of design for a major electronics company Data Inc. In his employment contract it stated that he must give Data Inc. 6 months' notice if he was leaving. Data Inc. was in financial trouble and Jose was offered the job as vice president of a competitor, Software Ltd. so he gave Data Inc. 2 months' notice he was leaving. Data Inc. was furious and as a result has decided to sue Jose. As a result which of the following statements is FALSE?

A)Data Inc. can be awarded damages but it cannot force Jose to come back and work for Data Inc.
B)Jose can be liable for wrongful resignation
C)Software Ltd. can be liable for inducing breach of contract
D)Jose Lopez owed Data Inc. a fiduciary duty
E)Jose Lopez can be forced to return to work for Data Inc. for 4 more months

Question 42

Which of the following is NOT a relevant consideration in a court determining whether a strike is illegal:

A)Whether employees had received independent legal advice.
B)Whether notice of a successful strike vote was given to the employer.
C)Whether the parties had submitted to a conciliation process.
D)Whether the parties observed a cooling off period prior to the employees commencing the strike.
E)Whether the parties had previously attempted to bargain a new contract

Question 43

If an employer refuses to recognize a Trade Union of which many of its employees are members, how can the Union gain official recognition and standing:

A)by application to the provincial labour board
B)by application to the provincial parliament
C)in all cases the consent of the employer must be received
D)by obtaining a positive vote of greater than 2/3 of employees
E)by submitting a formal petition to the court.

Question 44

Rene worked as a salesman for the Magenti Wine Company until one month ago when he was dismissed. During the course of and by virtue of his employment he developed a strong working relationship with many local restaurants that were customers of the business. Rene has recently started a new wine distribution company and began to solicit customers away from Magenti. Magenti seeks your advice. Which of the following is TRUE?

A)The courts will not interfere in a dispute between an employer and its former employee once the employment relationship has ended.
B)Rene has not breached any duties owed to Magenti
C)Rene can solicit the customers for his own business as he is no longer employed by Magenti.
D)Magenti can likely obtain an injunction against Rene stopping him from soliciting away its customer and can also recover damages against him.
E)Magenti can only sue Rene for starting his own competing business if there was a specific term in his employment contract preventing him from doing this

Question 45

Karl was an accounting manager for a large company and in his employment contract it stated that if he terminated after more than 8 years of service, the maximum termination notice would be 10 weeks' pay but no benefits would be paid. Karl worked for the company for 12 years and then was terminated when the company was downsizing. If Karl sues the company for wrongful dismissal the court will

A)rule that he is entitled to only 8 weeks pay
B)rule that he is entitled to only 10 weeks pay
C)rule that he is entitled to only 12 weeks pay
D)rule that he is entitled to reasonable notice under common law
E)rule that he is entitled to common law notice and punitive damages

Question 46

Frank Singh is employed as a part-time instructor at a college. He is very anti-union. There is a union for college instructors. On receiving his first pay cheque, Frank is outraged to learn that union dues have been deducted: he did not join the union. What is the name for this arrangement for mandatory union deductions?

A)Closed shop
B)Union shop
C)Rand formula
D)Labour shop
E)Socialism

Question 47

Frank Singh is employed as a part-time instructor at a college. He is very anti-union. There is a union for college instructors. On receiving his first pay cheque, Frank is outraged to learn that union dues have been deducted: he did not join the union. The college is subject to the Rand formula. Which of the following is TRUE?

A)Frank must now join the union or be fired.
B)Frank need not join the union but he must pay dues
C)Frank can opt out of paying union dues
D)The college made a mistake. Frank should not have been hired because he was not a union member.
E)The Rand formula does not apply to Frank because he is only a part-time instructor.

Question 48

Peter was a salesman for a retail shoe store, Soles Inc. He was bored with the job and decided to quit and so he gave his boss a letter stating that he would be leaving in 2 weeks. His boss was angry and fired him on the spot that day. As a result Peter

A)is liable for wrongful resignation
B)can successfully sue Soles Inc. for wrongful dismissal
C)should have only given one weeks' notice
D)can successfully sue for constructive dismissal
E)cannot work for another shoe store for at least 2 weeks

Question 49

Which of the following areas of law gives specific rights and remedies for protecting business secrets?

A)Human rights
B)Contract
C)Fiduciary relationship
D)Both B and C
E)All of the above

Question 50

Elizabeth Lodge signed an employment contract to manage the Mountain Provisions outlet in Calgary. The contract included a provision that the amount payable as severance would be equal to two week's salary for each year of service. After Elizabeth worked for Mountain for eight years, she was dismissed without cause. Her salary was then $500 a week ($2,000 a month). Mountain gave her severance pay of $8,000. Elizabeth is dissatisfied and brings an action for wrongful dismissal. She includes a claim for $1,750 for the expenses of relocating to Vancouver, where she is now employed. What damages would Elizabeth likely be awarded?

A)Zero
B)$1,750
C)About $8,000 more for common law notice
D)A reasonable amount, including her relocation expenses
E)None of the above

Question 51

Jane Wang was a feature writer for the National News and was fired from her job because she had been off for long periods of time claiming depression, but the newspaper felt she was actually able to have returned to work. Jane sued the National News but the two sides came to a settlement and Jane received $210,000. In the settlement agreement there was a confidentiality clause. Two years later Jane wrote a book and stated that the National News "paid her a big pile of money to make her case go away." The National News read her book and has decided to sue her. Most likely a court would rule that

A)Jane must repay the National News the $210,000
B)Jane has done nothing wrong as she didn't state how much money she received
C)Jane has done nothing wrong as it had been over a year since she got the money
D)Jane will be able to keep part of the money she received
E)Jane can successfully sue the National News now for harassment

Question 52

Which of the following is NOT normally found in a collective agreement:

A)A method for settling grievances
B)A procedure for hiring new employees
C)Prescribed notice periods for permanent termination of an employee's contract of service
D)A method for determining lay-offs
E)All of the above are usually found in collective agreements

Question 53

Tom was an aviation software specialist. He had worked for GT Inc. for 5 years and then decided to start his own company. He gave GT Inc. 2 weeks' notice and then quit and started his own competing company. He also took some designs that he had been working on for GT to his new company and contacted many of GT's clients to let them know about his new business. Tom also encouraged 5 of GT's top designer to quit and come and work for Tom. GT was furious and it was unable to find a replacement for Tom for 8 months. GT lost a lot of business as many of its clients switched to Tom's new company. If GT Inc. sues Tom most likely a court would rule that

A)Tom is liable for wrongful resignation
B)Tom is liable for punitive damages
C)Tom is liable for 5 years of lost profits of GT Inc. or more
D)All of the above
E)Tom is not liable for anything as he has a right to start his own business and he gave 2 weeks' notice before leaving GT Inc.

Question 54

Which of the following statements is TRUE?

A)the older the worker the less common law notice they will receive
B)generally courts rarely will award more than 24 months common law notice
C)junior employees have an easier time finding a new job than senior level employees
D)the Bardal factors place considerable importance on how much money the employee was making
E)the Bardal factors consider if the worker was single or married with many children to support

Question 55

Eduardo had worked for Dirk Inc. for five years as a machine operator on a particular press machine used to make a highly sophisticated control panels. There were only two machines of this type in Canada, the other was owned by Dirk's only competitor. Through his skills, Eduardo had learned how to operate the machine at peak efficiency and he approached Dirk Inc. for a sizeable increase in salary. When Dirk Inc. refused, Eduardo indicated that he would have to consider his alternatives and Dirk reminded him of the confidentiality clause in his employment contract. Eduardo quit his position with Dirk and went to work for its competitor. Which of the following best describes Dirk Inc.'s position if it wishes to stop Eduardo from working for its competitor?

A)Dirk will get an injunction against Eduardo
B)It can successfully sue Eduardo's new employer for inducing breach of contract.
C)Dirk Inc. will be unsuccessful in preventing Eduardo from using his skills acquired at Dirk for the benefit of his new employer.
D)Dirk can enforce the confidentiality clause in an action against Eduardo for breach of contract.
E)Both B and D

Question 56

The obligation on a dismissed employee to mitigate damages is imposed by which of the following?

A)Contract law
B)Employment standards law
C)Labour law
D)Human rights legislation
E)Common sense

Question 57

A top executive of a pharmaceutical company was caught on video laughing while he was kicking and spitting on a disabled homeless man outside of an expensive restaurant. The video went viral on You Tube and major media sites around the world and the executive was identified as Roland Fournier Vice President of Pharma Inc. As a result Pharma has fired Fournier. Roland can

A)successfully sue Pharma for wrongful dismissal as it was done on his own private time
B)successfully sue Pharma as he did not receive progressive discipline
C)successfully sue Pharma as it was a one-time act of misconduct and does not justify termination
D)all of the above
E)sue Pharma but he will lose the case as Pharm Inc. had just cause

Question 58

Which of the following statements is FALSE?

A)most employees only need to give 2 weeks notice if they want to leave a job
B)if an employee does not give adequate notice they are leaving a job the maximum they can pay in damages is the lost profits for the time it takes the company to hire a replacement
C)the court can force an executive to come back and work for a company if the executive did not give the same termination notice as was required in their employment contract
D)if a company fires a worker who has just handed in their termination notice the company can be liable for wrongful dismissal
E)a company can pay a worker to leave now if the worker has handed in his termination notice

Question 59

Which of the following would not be considered a step in progressive discipline?

A)oral notice
B)demotion notice
C)rehabilitation
D)mitigation
E)suspension

Question 60

Marty was 59 and had worked for Allied Industries Inc. for 15 years as a sales manager and then was fired because the company was in financial difficulty. The employment contract Marty had originally signed limited his termination notice to 6 weeks. If Marty sued Allied Industries for wrongful dismissal he

A)can only receive the 6 weeks notice stated in the employment contract
B)can only receive a maximum of 8 weeks notice
C)he may receive closer to 15 months notice
D)will receive punitive damages
E)will receive statutory notice and punitive damages

Question 61

An employer must pay damages in all cases in which the employee has been dismissed.

Question 62

Vito Ranieri is an official of Local 12 of the ABCO, an international union. He is vigorous in defending the rights of the workers at Vulcan Industries, and the members of Local 12 are devoted to him. His manager, Pat Ng, has been looking for an excuse to "get" Vito for years. Finally, he finds Vito lighting up in a no-smoking area, and he immediately suspends him without pay for one week. There is currently a collective agreement in force between Local 12 and Vulcan. Like all agreements, it contains provisions dealing with discipline, and it is clear that Pat did not follow these provisions. Which of the following is TRUE?

A)The union can now take the workers out on strike.
B)The union can take the workers out on strike only if they vote in favour of that step.
C)The union cannot strike until it first attempts mediation.
D)The union cannot strike until it first submits to arbitration.
E)The union can grieve the suspension on Vito's behalf.

Question 63

Older employees usually receive less termination notice than younger employees.

Question 64

In Ontario people who work for small companies would not be entitled to severance pay in addition to termination notice.

Question 65

All workers in Canada are subject to minimum wage guidelines.

Question 66

Employees who are fired without cause are entitled to compensation in lieu of notice either to termination pay under employment standards legislation or under the common law but not both.

Question 67

A single act of incompetence will always constitute goods grounds to dismiss an employee for cause.

Question 68

Because of the provisions of Human Rights Legislation, in a job advertisement for a teacher at an elementary school, it is illegal for the interviewer to ask the applicant whether he or she has ever been convicted of sexual assault.

Question 69

New employees can always be asked to submit to drug testing as a condition of their employment.

Question 70

Local 326 of the Food and Allied Workers Union went on strike. Their employer is a supermarket in the city of Toronto. Which of the following can the picketers legally do?

A)Completely prevent trucks bringing produce to the supermarket from crossing the picket line.
B)Completely prevent customers from crossing the picket line
C)Completely prevent fellow workers from crossing the picket line
D)Completely prevent replacement workers from crossing the picket line
E)Delay but not completely prevent supplier, customers, and fellow workers from crossing the picket line.

Question 71

Workers at Giant Pulp Paper Corp., members of the International Brotherhood of Foresters, have been picketing the road leading to Niq'naq Sound for three weeks, attempting to block access to the old forests there. There have been several incidents of violence along the picket line. To date, GP&P has not done anything, fearing bad publicity and hoping that things will cool down on their own. It now decided to act. What remedies are available to it?

A)It can apply to have the picketers found in contempt of court.
B)It can apply for an Anton Piller order against the IBF
C)It can apply for an injunction
D)It can hire security guards to open the road.
E)All of the above

Question 72

Local 1440 of the AEIOU, an international union, was on strike. Deborah Pike did not agree with the strike and crossed the picket line for work each day. This upset some of the strikers, so they picketed her house, walking up and down on the sidewalk in front. Which of the following is true?

A)The strikers have a right to picket Deborah's house as long as they remain on public property.
B)The strikers have a right to picket Deborah's house because she is an employee of the business which is the target of the strike.
C)The strikers have no right to picket Deborah's house.
D)The strikers have a right to picket Deborah's house because she is a scab.
E)The strikers have a right to picket Deborah's house as long as they are only attempting to communicate their message to her and not intimidate her.
TRUE/FALSE QUESTIONS

Question 73

To succeed in a claim for constructive dismissal, an employer can merely show that his or her relationship with the employer has soured.

Question 74

If an employment contract states that a person is an independent contractor the court cannot rule that the person is actually an employee instead.

Question 75

Persons who perform services for another in an employment relationship are either independent contractors or employees.

Question 76

The terms of a company's employment manual are never a term of the contract.

Question 77

In a job interview an applicant cannot legally be asked questions about marital status or whether they have children.

Question 78

An employee who quits his employment can never recover damages for wrongful dismissal.

Question 79

Any time an employer wants to terminate a worker they must first go through the steps of progressive discipline.

Question 80

Any lie on a resume by an employee is grounds for a just cause dismissal.